584
Appointment of Official Receiver.
Effect of receiving order.
No. 7 of 1891.
BANKRUPTCY.
(2) A debtor's petition shall not after presentment be withdrawn without the leave of the court.
9.--(1) The Governor may appoint such persons as he thinks fit to be Official Receiver and Deputy Official Receiver of debtors' estates under this Ordinance and may remove such persons from such offices.
(2) The Official Receiver shall act under the general authority and direction of the Governor and shall also be an officer of the court.
(3) Every Deputy Official Receiver shall have all the powers conferred on the Official Receiver by this Ordinance or by any Ordinance amending or substituted for the same.
(4) Every Deputy Official Receiver shall act under the general authority and direction of the Official Receiver for the time being, or, if there be no Official Receiver for the time being, under the general authority and direction of the Governor, and shall also be an officer of the court.
10.--(1) On the making of a receiving order, the Official Receiver shall be thereby constituted receiver of the property of the debtor, and thereafter, except as directed by this Ordinance, no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence or continue any action or other legal proceedings, except with the leave of the court and on such terms as the court may impose. On making the receiving order, the court may, if it thinks fit, direct that no execution against the person of the debtor shall be stayed until the debtor finds sufficient security to appear and abide by all orders of the court in relation to the bankruptcy proceedings or until further order, and in such case any creditor may, in the meantime, proceed to execution against the person of the debtor in the same way as if no receiving order had been made.
(2) Nothing in sub-section (1) shall affect the power of any secured creditor to realize or otherwise deal with his security in the same manner as he would have been entitled to realize or deal with it if this section had not been passed.
* As amended by No. 2 of 1915 and Law Rev. Ord., 1923.
584
Appointment of Official Receiver.
*
Effect of receiving
order.
No. 7 of 1891.
BANKRUPTCY.
(2) A debtor's petition shall not after presentment be withdrawn without the leave of the court.
9.--(1) The Governor may appoint such persons as he thinks fit to be Official Receiver and Deputy Official Receiver of debtors' estates under this Ordinance and may remove such persons from such offices.
(2) The Official Receiver shall act under the general authority and direction of the Governor and shall also be an officer of the court.
(3) Every Deputy Official Receiver shall have all the powers conferred on the Official Receiver by this Ordinance or by any Ordinance amending or substituted for the same,
(4) Every Deputy Official Receiver shall act under the general authority and direction of the Official Receiver for the time being, or, if there be no Official Receiver for the 'time being, under the general authority and direction of the
Governor, and shall also be an officer of the court.
10.--(1) On the making of a receiving order, the Official Receiver shall be thereby constituted receiver of the property of 46 & 47 Vict. the debtor, and thereafter, except as directed by this Ordinance, c. 52, s. 9.
no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt · or shall commence or continue any action or other legal pro- ceedings, except with the leave of the court and on such termus as the court may impose. On making the receiving order, the court may, if it thinks fit, direct that no execution against the person of the debtor shall be stayed until the debtor finds sufficient security, to appear and abide by all orders of the court in relation to the bankruptcy proceedings or until further order, and in such case any creditor may, in the meantime, proceed to execution against the person of the debtor in the same way as if no receiving order had been made.
(2) Nothing in sub-section (1) shall affect the power of any secured creditor to realize or otherwise deal with his security in the same manner as he would have been entitled to realize.or deal with it if this section had not been passed.
* As amended by No. 2 of 1915 and Law Rev. Ord., 1923.
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